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(영문) 서울중앙지방법원 2018.10.01 2018고단4890
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle by obtaining a franchise.

On June 30, 2018, the Defendant driven the said car under the influence of alcohol content of 0.131% during blood transfusions on June 30, 2018, and led the Defendant to drive the said car near Gangnam-gu Seoul at an influence of five lanes between the five-lanes in the direction of the long distance of Hanyang apartment at the shooting distance of Hanyang apartment.

At night, there is a duty of care to prevent accidents in advance by driving safely, such as seeing the front door and accurately manipulating the steering system, etc. for the defendant engaged in driving of the motor vehicle.

Nevertheless, as seen above, Defendant 1 classified the state of drinking, and neglected to drive a car in a state where it is difficult to drive the car normally, such as a string distance, while the walk is in a state where it is difficult for Defendant 1 to do so, and the part behind Defendant 1’s G K5 si and the part behind Defendant 1’s driver was shocked with the front part of the said car.

Ultimately, the Defendant, while driving the said car in a situation where normal driving is difficult due to the influence of alcohol, suffered from the malinites and tensions that require approximately two weeks of treatment to the said F, to the Ha (26 years old) who is the passenger of the said taxi, and to the Ha (26 years old) who is the passenger of the said taxi, about two weeks of treatment; and to the I (27 years old) who is the passenger of the said taxi, about two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting of a traffic accident (report on actual condition investigation 1,2);

1. A record of pulmonary measurement;

1. Each written diagnosis;

1. Accident scene and vehicle photograph;

1. Application of the CD-related Acts and subordinate statutes to copies of fluored vehicles and motion pictures of damaged vehicles;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. The Commercial Concurrent Crimes Act.

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